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Harris v. Commissioner of Social Security Administration, 1:17-303-RMG-SVH. (2017)

Court: District Court, D. South Carolina Number: infdco20171017d82 Visitors: 4
Filed: Oct. 16, 2017
Latest Update: Oct. 16, 2017
Summary: ORDER SHIVA V. HODGES , Magistrate Judge . Defendant Nancy A. Berryhill, Acting Commissioner of the Social Security Administration ("Commissioner"), by her attorneys, Beth Drake, United States Attorney, and Marshall Prince, Assistant United States Attorney for the District of South Carolina, has moved this court pursuant to 42 U.S.C. 405(g) to enter a judgment with an order of reversal with remand of the cause to the Commissioner for further administrative proceedings. [ECF No. 15]. The m
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ORDER

Defendant Nancy A. Berryhill, Acting Commissioner of the Social Security Administration ("Commissioner"), by her attorneys, Beth Drake, United States Attorney, and Marshall Prince, Assistant United States Attorney for the District of South Carolina, has moved this court pursuant to 42 U.S.C. § 405(g) to enter a judgment with an order of reversal with remand of the cause to the Commissioner for further administrative proceedings. [ECF No. 15]. The movant represents that Plaintiff's counsel, Beatrice E. Whitten, consents to the motion. Id.

By order of the court, this case is remanded to the Appeals Council. The Appeals Council will direct the Administrative Law Judge to hold a new hearing; to further evaluate the severity of Plaintiff's impairments and her residual functional capacity; and to obtain vocational testimony.

Pursuant to the power of this court to enter a judgment affirming, modifying, or reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner's request for remand of this action for further proceedings, this court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) with a remand of the cause to the Commissioner for further administrative proceedings as set out above. See Shalala v. Schaefer, 509 U.S. 292 (1993). The Clerk of Court is directed to enter a separate judgment pursuant to the Fed. R. Civ. P. 58.

IT IS SO ORDERED.

Source:  Leagle

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